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Home My WebLink About6611 ORDINANCE NO. 6 6 1 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,WASHINGTON, AMENDING SECTION 17 14.005 OF THE AUBURN CITY CODE, RELATING TO CIVIL PLAN PREPARATION, SUBMITTAL AND APPROVAL WHEREAS, the current provisions of the Auburn city code provides that plans for civil improvements shall be submitted to the city following preliminary plat approval; and WHEREAS, the reason for the requirement that plans for facility extension agreements and other development related civil plans be submitted to the city following preliminary plat approval is to allow the city to measure the consistency of the subsequent civil plans against the approved preliminary plat; and WHEREAS, there may be occasions when it would be advantageous for a developer to submit such civil plans in advance of the approval of the preliminary plat, so long as the City has conducted enough review of the preliminary plat application to gauge sufficiency for processing and feasibility of the proposal and the developer understands and agrees that the risks of doing so are born by the developer; and WHEREAS, in order to authorize this opportunity for earlier submittal of plans, it is appropriate that the city code be amended to specify requirements related to such early submittal of civil plans. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows. Section 1. Amendment to Citv Code. That Section 17 14.005 of the Aubum City Code, be, and the same hereby is, amended to read as foliows: 17 14.005 Plan preparation, submittal and approval. A. Plans for improvements shall be prepared, signed, dated and stamped by a professional civil engineer registered in the state of Washington and shall be in accordance with city standards and specifcations. Plans shall be submitted to the city, following preliminary plat apprbval, for circulation and review No construction permit or approval shall be issued and no construction activity - - - - - - - - - - - - - - - - Ordinance No. 6611 July 13, 2016 Page 1 shall commence relating to subdivision improvements until the plans required by this chapter have been approved and signed by the city engineer Plans shall be consistent with the approved preliminary p�at. All sanitary sewer, water, drainage and street improvements to be dedicated to the city shall be covered by a public facilities extension agreement, as required by ACC Titles 12 and 13. B. For preliminary plats that were approved, but not constructed, prior to the effective date of the amendments to tHis chapter as adopted by the ordinance codified in this chapter, the owner/developer may choose to use the standards in effect at the time of the preliminary plat approval or, 'rf approved by the city engineer, use the standards adopted pursuant to this chapter C. Notwithstandina the. arevious reauirement that civil olans for imarovements shall be submitted followina aoaroval of the preliminarv qlat, the citv mav in its sole discretion, allow an aaqlicanUdeveloper to submit plans after the Department issues its recommendation fo the Hearina Exartminer and �rior to preliminarv plat aooroval nrovided that the aoalicanUdeveloaer recoanizes and acknowledqes that the ciN's willinqness to receive civil qlans in advance of preliminarv plat aparoval does nof constitute a submittal which would vest anv riqhts for the aa�licanUdeveloper and that the aaalicant/developer bears all riaks of submittinq olans in advance of preliminarv qlat aooroval Furthermore earlv submittal shall be allowed bv the Citv onlv uqon the ap�licanUdeveloqer enterina into an aareement with the citv wherebv the aqplicanUdeveloper aarees to the followinq: 1 That the aqqlication shall not be considered "complete" for anv purpose under federal state. or citv law, until after the oreliminarv olat is aaproved, and all aossible aapeal periods of that approval have exqired 2. That since the. aaolica4ion is not "comalete." an earlv submitted application is not vested. Further that the aoalicanUdeveloqer has no vested.riahts based on the filinp of these plans, and that anv comprehensive plan provisions. develoament reaulations or administrative reaulations adoated urior to the date the preliminarv plat is aoproved shall aaplv to the aoolication 3 That the aqplicanUdeveloqer waives on behalf of itself. heirs. assians successors etc. anv claim based on the citv aqreeina to allow plan submission and review before preliminarv olaf.aaaroval. 4. That the applicanUdev`elorier will defend, indemnifv, and hold the citv harmless aaainst anv and all claims .based on 4he citv's aareement fo allow submission and review before areliminarv plat aoqroval. 5 That the citds acceatance of alans -before qreliminarv plat apqroval does not create an obliaation uaon the citv to acceat alans orior to alat aaaroval in tfie future. (Ord. 6239 § 1, 2009; Ord. 6186 § 9, 2008; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17 12.010.) Section 2. Constitutionalitv or Invaliditv. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the - - - - - - - -- - -- - - - - Ordinance No. 6611 July 13, 2016 Page 2 remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Im�lementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Necessarv for Immediate Effectiveness. That this ordinance is deemed to be necessary for immediate use in effect, and is declared to be an emergency ordinance effective upon passage by a number of votes by councilmembers constituting a quorum plus one. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law INTRODUCED• AUG 1 5 2U16 PASSED• AUG 15 2016 APPROVED' AUG 1 5 2D16 CITY OF AUBURN � NA CY BA f US, MAYOR ATTEST /�� C Danielle E. Daskam, City Clerk - - - - - - - - - - - - - - - - Ordinance No. 6611 July 13, 2016 Page 3 APPROVED AS TO FORM� .-, % i D iel B. Heid,-City Attorney Published: � ��i ��-`"' � � �`' �� - - - - - -- - - - - - - - - - Ordinance No. 6611 July 13, 2016 Page 4